Your Guide to Affidavits and Statutory Declarations
9 March 2021
Clients often ask us, “What is the difference between an affidavit and a statutory declaration?” Below is a simple explanation of the differences. NotaryPro can draft an Affidavit or Statutory Declaration for you, quickly and easily, and in many cases, for free.
- An affidavit is a sworn statement of facts that has been written down, usually in numbered sentences / paragraphs, and sworn to (swearing the truth by signing) by an individual (called the “affiant”) in front of someone who is authorized to administer oaths, such as a Notary Public or a Commissioner of Oaths.
- Affidavits are commonly used in court to establish the facts of a case.
What is a Statutory Declaration?
- A statutory declaration is very similar to an affidavit (numbered sentences / paragraphs) except that a statutory declaration is usually used outside of court settings, and is declared to be true (rather than swearing its truth) by an individual.
- Statutory declarations are usually declared and signed under the provisions of certain laws or legislation. For example, proof of death to be used for land transfer when one of the grantor dies.
- Generally, a statutory declaration has the same force of effect as if made under oath.
Who is the affiant?
- The affiant is the person who swears to an affidavit (i.e. signs it after swearing it is true in front of a Commissioner or Notary Public).
Who is the declarant?
- The declarant is the person who makes a declaration (i.e. signs it after declaring it is true in front of a Commissioner or Notary Public).
What is a commissioner for oaths?
- In Canada, a commissioner for oaths is an individual who can administer oaths and take affidavits and declarations.
What is a notary public?
- A notary is very similar to a commissioner for oaths. In addition to being able to administer oaths, take affidavits, and declarations, a notary public can also attest or certify documents, including certifying as true copies.
Can Notary Pro draft an Affidavit or Statutory Declaration for me?
Yes! Click here to check out our free and paid document template drafting services. Our free Affidavit template services including OSAP Affidavits and RIN Affidavits (for registering a vehicle to a business).